Nelmac Pty Ltd

[2013] FWCA 899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nelmac Pty Ltd
(AG2013/4569)

NELMAC PTY LTD ENTERPRISE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 7 FEBRUARY 2013

Application for approval of the Nelmac Pty Ltd Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Nelmac Pty Ltd Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nelmac Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 6 February 2013 and, in accordance with s.54, will operate from 13 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Nelmac Pty Ltd, a company involved in the manufacture and distribution of various products, sought approval of its Enterprise Agreement 2012-2015. The application was before the Fair Work Commission, which was asked to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement appropriately balanced the interests of the employer and employees, particularly concerning provisions relating to employment conditions, wages, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the agreement was a "better off overall test" (BOOT) compliant agreement, meaning it needed to demonstrate that the overall conditions of employment, including wages and conditions, were at least as good as the relevant award or other industrial instrument. The Commission also had to assess whether the agreement was fairly made, not made under duress, and did not have any provisions that were contrary to public policy.

The Commission found that the agreement was fairly made and met the BOOT requirement. It determined that the overall conditions, including wages and other entitlements, were at least as good as those provided by the relevant award. The Commission also considered the dispute resolution mechanisms and found them to be fair and effective. Given these findings, the Commission approved the Enterprise Agreement 2012-2015. The decision was made in favour of Nelmac Pty Ltd, and the agreement was registered as compliant with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established